SEEMA versus ASHWANI KUMAR

SEEMA versus ASHWANI KUMAR

In the absence of statutory prescription for recording/registering marriages, executive instructions can be issued and made enforceable to maintain records, until suitable legislation is enacted.

Parties
Petitioner: Seema; Respondent: Ashwani Kumar; Senior Advocate, Assisting: Ranjit Kumar
Jurisdiction
India
Judgment Date
15 April 2005
Procedural Posture
Transfer Petition (civil) / Interim Order; Notice Issued
Outcome
Notice issued; interim stay granted
Legal Topics
Record of Marriages, Necessity of Legislation, Executive Instructions, Registration of Marriages
Family Law Record of Marriages Necessity of Legislation Executive Instructions Registration of Marriages

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Parties

Seema

Petitioner

Ashwani Kumar

Respondent

Ranjit Kumar

Senior Advocate, Assisting

Procedural Posture

Transfer Petition (civil) / Interim Order; Notice Issued

Legal Issues

  1. 1 Whether records of marriages should be maintained by authorised officials
  2. 2 Necessity for legislation or enforceable executive instructions for marriage records

Ratio Decidendi

In the absence of statutory prescription for recording/registering marriages, executive instructions can be issued and made enforceable to maintain records, until suitable legislation is enacted.

Court Disposition

Notice issued; interim stay granted

Orders

  • Issue notice
  • Issue notice on the application for ex-parte stay